CA MC-704 2016-2025 free printable template

This document serves as a formal request to the court to vacate a prefiling order and remove a litigant's name from the Judicial Council's Vexatious Litigant list.

How to fill out CA MC-704

How to fill out Order on Application to Vacate Prefiling Order and Remove Plaintiff/Petitioner from Judicial Council Vexatious Litigant List

1. Obtain the correct form for the Order on Application to Vacate Prefiling Order.
2. Carefully read the instructions provided on the form.
3. Fill in your personal information, including your name and contact details.
4. Clearly state the reasons for requesting to vacate the prefiling order and remove the vexatious litigant status.
5. Provide any supporting evidence or documentation that substantiates your request.
6. Sign and date the application form.
7. Make copies of the completed application for your records and for submission.
8. File the application with the appropriate court clerk where your case is pending.
9. Serve a copy of the application to all relevant parties involved in the case.
10. Attend the hearing if one is scheduled, and be prepared to present your case.

Who needs Order on Application to Vacate Prefiling Order and Remove Plaintiff/Petitioner from Judicial Council Vexatious Litigant List?

1. Individuals who have been designated as vexatious litigants in a judicial council list.
2. Plaintiffs or petitioners who believe that their status as a vexatious litigant should be reconsidered.
3. Parties seeking to pursue legal action without the restrictions imposed by a prefiling order.

People Also Ask about

What constitutes a vexatious litigant?

Vexatious litigation is a phrase used to describe the situation when a person files court proceedings only for the purpose of annoying, harassing, or upsetting the other party. Also known as litigation abuse, it is a common way that abusers continue the pattern of domestic violence against their intimate partner.

What does vexatious mean in law?

In law, frivolous or vexatious is a term used to challenge a complaint or a legal proceeding being heard as lacking in merit, or to deny, dismiss or strike out any ensuing judicial or non-judicial processes. The term is used in several jurisdictions, such as England & Wales, Ireland and New Zealand.

How do you stop a vexatious litigant?

You can file a motion asking for an order dismissing the vexatious litigation or requiring the abuser to give a security payment to the court at any point in the case before the judge issues a final judgment. Your request for both of these remedies should be made in the same motion papers.

How do I get off vexatious litigant list?

Challenge the Designation: If the prefiling order is granted and you are designated as a vexatious litigant, you may file a motion to vacate the order. Your motion should articulate why the designation does not apply to you, specifically addressing the criteria used in your case.

What is a Prefiling order?

States the court's decision (order) that a person cannot file a new case in a California court without first getting permission of the leader of the court.

What constitutes a frivolous lawsuit?

In the United States, frivolous litigation is defined as the practice of starting or carrying on lawsuits that have no legal merit or factual basis, and therefore have little chance of winning in court. These types of lawsuits are typically to harass, annoy, embarrass or intimidate the target of the suit.

What makes a vexatious litigant?

Vexatious litigation is a phrase used to describe the situation when a person files court proceedings only for the purpose of annoying, harassing, or upsetting the other party. Also known as litigation abuse, it is a common way that abusers continue the pattern of domestic violence against their intimate partner.

For pdfFiller’s FAQs

What is Order on Application to Vacate Prefiling Order and Remove Plaintiff/Petitioner from Judicial Council Vexatious Litigant List?

An Order on Application to Vacate Prefiling Order and Remove Plaintiff/Petitioner from Judicial Council Vexatious Litigant List is a legal document that requests the court to revoke a prior order that restricts a litigant's ability to file lawsuits due to a history of frivolous or vexatious litigation.

Who is required to file Order on Application to Vacate Prefiling Order and Remove Plaintiff/Petitioner from Judicial Council Vexatious Litigant List?

It is typically filed by the individual identified as a vexatious litigant, who seeks to have the restrictions lifted and their name removed from the Judicial Council's vexatious litigant list.

How to fill out Order on Application to Vacate Prefiling Order and Remove Plaintiff/Petitioner from Judicial Council Vexatious Litigant List?

To fill out the order, the applicant must provide their personal details, reference the specific prefiling order they wish to vacate, explain the reasons for the request, and include any supporting documentation that demonstrates a change in circumstances or a valid basis for removal from the list.

What is the purpose of Order on Application to Vacate Prefiling Order and Remove Plaintiff/Petitioner from Judicial Council Vexatious Litigant List?

The purpose of this order is to allow a litigant previously labeled as vexatious to seek legal redress without the burden of additional limitations, thus permitting them to have their legitimate claims heard by the court.

What information must be reported on Order on Application to Vacate Prefiling Order and Remove Plaintiff/Petitioner from Judicial Council Vexatious Litigant List?

The order must include the applicant's name, case number, details of the original vexatious litigant order, reasons for requesting its vacation, any relevant court rules, and supporting evidence or affidavits indicating a change in the applicant's litigation behavior.